News & Analysis as of

Timely Project Completion Contract Terms

Houston Harbaugh, P.C.

Pennsylvania Superior Court: Arbitration clause invalid for failing to comply with HICPA

Houston Harbaugh, P.C. on

On September 13, 2023, the Superior Court of Pennsylvania held that an arbitration clause in a home improvement contract was invalid because it failed to comply with the requirements of the Pennsylvania Home Improvement...more

Tonkon Torp LLP

The Liquidated Damages Provision in Construction Contracts: Include or Leave Out?

Tonkon Torp LLP on

When representing owners on construction contracts, I often ask the owner whether they want to include a liquidated damages provision in the contract. A liquidated damages provision describes an amount of money, agreed upon...more

Stoel Rives -  Ahead of Schedule

A New Year’s Resolution: More Consideration of Time Limits

In a purely cooperative world, construction contracts would be unnecessary. If the owner or contractor caused a problem, the party would admit fault and make amends. Unfortunately, we do not live in a purely cooperative...more

Bricker Graydon LLP

Ohio appellate court awards consequential damages for contractor’s failure to achieve substantial completion due to recklessness

Bricker Graydon LLP on

When a contractor indicated indifference to executing a project on schedule and failing to meet the substantial completion date, an Ohio appellate court found that the contractor’s actions constituted recklessness and, based...more

Burr & Forman

That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component

Burr & Forman on

What’s a goocher?  If you saw the movie, Stand By Me, then you know exactly what I mean.  And there are times when parties to a construction contract face a goocher. ...more

Farrell Fritz, P.C.

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

Farrell Fritz, P.C. on

In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone,...more

Burr & Forman

Contracting Offficer’s Belief That Contractor Could Not Meet Schedule Requirements Insufficient to Support Default Termination

Burr & Forman on

There is objection evidence.  There is subjective evidence.  And sometimes, it is a combination of both  A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a...more

BCLP

Willow v MTD: a successful Part 8 challenge after Hutton v Wilson

BCLP on

Following Hutton v Wilson, Part 8 challenges to adjudication have become less common. However, in Willow v MTD, the TCC has made a declaration setting aside part of an adjudicator’s decision where the adjudicator erred in his...more

Troutman Pepper

GAR Know-How Construction Arbitration - United States

Troutman Pepper on

Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more

Burr & Forman

Florida Statute 95.11(3)(C) Has Been Amended to Address the Ruling in Cypress Fairway Condo. V. Bergeron Constr. Co.

Burr & Forman on

In Cypress Fairway Condo. v. Bergeron Constr. Co., 164 So. 3d 706 (Fla. 5th DCA 2015) the 5thDistrict Court of appeals defined “completion of the contract” to mean completion of performance by both sides of the contract, not...more

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